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Постановление Европейского суда по правам человека от 02.04.2009 «Дело Докуев и другие (Dokuyev and others) против России» [англ.]





ogrozny in the mountains. The man told him that they had been detained in awful conditions in a deep and narrow pit in the ground, regularly beaten and tortured with electric shocks and had been given hardly any food. When they were brought to the district of Novogrozny, they were told that they would be exchanged for a Russian officer captured by the fighters. Then the soldiers told them that they were in too bad a shape for exchange and gave them some medicine, allegedly to restore their strength. After taking the pills or liquid both became very sick, started vomiting and lost consciousness. When the young man regained consciousness, he found Mr Magomed Dokuyev without signs of life. He called the soldiers, and after a while they took his body away. The young man heard an APC going away and returning and heard the soldiers talking about burying Mr Dokuyev. He also heard them talking about finishing the mission and going back to Stavropol. The applicants were convinced of the truth of his statements because he was aware of their names and address, while they did not know him and supposed that these had been given to him by their son.
21. The first applicant identified a military base in Novogrozny which had at some point been manned by servicemen from Stavropol. However, he did not manage to find out anything else about his son's fate or his alleged place of burial.
22. On 22 October 2001 an investigator of the Shali District Prosecutor's Office informed the first and the second applicants that following their complaints criminal investigation file No. 23177 had been opened by that office on 12 August 2001 under Article 126 part 2 of the Criminal Code (kidnapping). He also stated that they would be informed of the results of the investigation.
23. On 10 December 2001 the first applicant sent the Duma Deputy for the Chechen Republic a detailed letter containing information about his son's arrest, disappearance and alleged death in custody. The letter stated that the area where Mr Magomed Dokuyev had allegedly been buried remained under military control and access there was limited, and requested help to find his remains and take them away for a proper burial. On 15 February 2002 this letter was forwarded to the Prosecutor General's Office and on 14 June 2002 to the Prosecutor's Office of the Chechen Republic.
24. On 31 December 2001 the military prosecutor of military unit No. 20116 forwarded the first applicant's letter to the Shali District Prosecutor's Office and stated that the military prosecutor's office had no competence in the matter, since the involvement of servicemen was only alleged by the applicants, but not supported by any material evidence.
25. On 26 March 2002 the Directorate of the Prosecutor General's Office for the Southern Federal Circuit replied to the first applicant that on 12 August 2001 the Shali District Prosecutor's Office had opened a criminal investigation file under Article 126 part 2 of the Criminal Code. On 12 October 2001 the investigation was suspended due to failure to identify the culprits. The letter concluded by stating that actions aimed at establishing the whereabouts of the missing person and finding the culprits were continuing.
26. On 26 February 2003 the Shali Town Court declared Mr Magomed Dokuyev a missing person.
27. Mr Magomed Dokuyev's arrest and ensuing disappearance were reported by Human Rights Watch in their report "Last Seen: Continuing Disappearances in Chechnya" in April 2002 and by the Memorial Human Rights Centre in their report "Counter-Terrorist Operation" in October 2002.

2. Progress of the investigation

28. The Government submitted the following information on the progress of the investigation.
29. On 12 August 2001 the Shali District Prosecutor's Office instituted criminal investigati



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